Karnataka High Court
Smt. Boramma W/O Iranna Dodamani vs Sri. Monappa S/O Vishnu Badiger ... on 24 November, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2023:KHC-D:13756-DB
MFA No. 101752 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101752 OF 2023 (MV-D)
BETWEEN:
1. SMT. BORAMMA W/O. IRANNA DODAMANI,
AGE. 34 YEARS,
OCC. HOUSEHOLD WORK,
2. CHINNU D/O. IRANNA DODAMANI,
AGE. 14 YEARS,
OCC. STUDENT,
(SINCE APPELLANT NO. 2 IS MINOT R/BY HER
NATURAL MOTHER/GUARDIAN APPELLANT NO. 1)
3. SRI. GURULINGAPPA S/O. LESHAPPA DODAMANI,
AGE. 60 YEARS,
OCC. COOLIE WORK,
ALL ARE R/O GIRISAGAR VILLAGE,
TQ. BILAGI-587116.
Digitally
signed by
...APPELLANTS
VINAYAKA
VINAYAKA B V
BV Date:
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
2023.12.02
11:33:19
+0530
AND:
1. SRI. MONAPPA S/O. VISHNU BADIGER,
( SINCE DECEASED BY HIS LRS)
PREMA W/O. MONAPPA BADIGER,
AGE. 44 YEARS,
OCC. HOUSEHOLD,
2. DEEPA D/O. MONAPPA BADIGER,
AGE. 24 YEARS,
OCC. HOUSEHOLD,
-2-
NC: 2023:KHC-D:13756-DB
MFA No. 101752 of 2023
3. VINOD S/O. MONAPPA BADIGER,
AGE. 22 YEARS,
OCC. STUDENT,
4. VISHNU S/O. MONAPPA BADIGER,
AGE. 20 YEARS,
OCC. STUDENT,
ALL ARE R/O. GIRISAGAR,
TQ. BILAGI-587116.
5. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
MELLIGERI COMPLEX,
BAGALKOTE-587101.
...RESPONDENTS
(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R5,
NOTICE TO R1 TO R4 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 08.03.2022 PASSED IN MVC NO.144/2016 ON THE FILE
OF THE MOTOR ACCIDENT CLAIM TRIBUNAL VII, BILAGI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDRS, THIS
DAY, VIJAYKUMAR A.PATIL J., DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC-D:13756-DB
MFA No. 101752 of 2023
JUDGMENT
This appeal is filed by the claimants assailing the
judgment and award dated 08.03.2022 passed in M.V.C. No.
144/2016 by the Motor Vehicle Accident Claims Tribunal-VII,
Bilagi (for short 'the Tribunal'), wherein the claim petition filed
by the appellants was allowed by awarding compensation of
Rs.11,78,015/- with interest at the rate of 6% per annum from
the date of petition till realization. Being aggrieved by the
same and seeking enhancement of compensation, the present
appeal is filed.
2. Brief facts giving rise to the filing of this appeal are
that the claim petition was filed under Section 166 of the Motor
Vehicles Act, 1988 before the Tribunal contending that the
appellants are wife, daughter and father of deceased Iranna
Dodamani. It is the averred that on 19.08.2015, the deceased
Iranna Dodamani was proceeding as pillion rider along with his
friend on the motor cycle bearing No.KA-29-S-6010 and the
rider of the said motor cycle drove the vehicle in a rash and
negligent manner that resulted in accident and said Iranna
NC: 2023:KHC-D:13756-DB
Dodamani sustained grievous injuries and later he succumbed
to those injuries.
3. It is further averred that the deceased was aged
about 32 years and was working as a Deed Writer outside the
Bilagi Tahsildar Office and was earning more than Rs.10,000/-
per month. Due to the death of Iranna Dodamani, the
appellants had lost their dependency and hence, had filed the
claim petition.
4. The Respondent/Insurance Company has filed the
written statement denying the age, avocation and income of
deceased Iranna Dodamani. It is averred that the rider of the
motor cycle was not having valid and effective driving licence
on the date of accident and the claim of compensation by the
claimants is without any basis and exorbitant and hence, has
sought for dismissal of the claim petition.
5. The Tribunal has framed the issues and recorded
the evidence of parties. The appellant No.3 has examined
himself as PW.1 and got marked Exhibits-P1 to P10. The
respondent-Insurance Company examined one witness as RW.1
and got marked Exhibits-R1 and R2. The Tribunal, on
NC: 2023:KHC-D:13756-DB
appreciation of evidence has awarded a total compensation of
Rs.11,78,015/- along with the interest at the rate of 6% per
annum from the date of petition till its realization.
6. Sri. Harish S. Maigur, learned counsel for the
appellants submits that Tribunal has committed a grave error in
assessing the income of the deceased at Rs.6,000/- per month,
though he was working as Deed Writer outside the Tahsildar
Office, Belagi and was earning Rs.10,000/- per month.
7. It is submitted that the Tribunal has committed an
error in awarding meagre compensation of Rs.30,000/- under
the head 'loss of love and affection' and Tribunal has awarded
lower compensation on other heads also and hence, seeks for
enhancement of compensation.
8. Per contra, Sri S.S.Koliwad, learned counsel
appearing for the respondent/Insurance company supports the
impugned judgment and award and submits that the appellants
have failed to produce any evidence before the Tribunal to
substantiate the income of the deceased. Hence, the Tribunal
is justified in assessing the income of the deceased at
Rs.6,000/- per month. It is submitted that the compensation
NC: 2023:KHC-D:13756-DB
awarded on the other heads also is just and proper and does
not call for any enhancement in the present appeal and hence,
seeks for dismissal of the appeal.
9. Having heard learned counsel for the appellants,
learned counsel for the respondents and perused the
memorandum of appeal, the point that arises for consideration
is:
"Whether the appellants/claimants are entitled for
enhanced compensation?"
The answer to the above point is in the affirmative for the
following reasons:-
(i) The parties to the proceeding does not dispute that
one Iranna Dodamani had succumbed to injuries suffered in the
road accident that took place on 19.08.2015. It is also not in
dispute that the motor cycle bearing No. KA-29-S-6010 is
involved in the said road accident and was insured with
respondent No.5. It is also not in dispute that deceased Iranna
Dodamani was aged about 32 years on the date of accident and
appellant No.1 is the wife, appellant No.2 is the minor daughter
and appellant No.3 is the father of the deceased. The Tribunal
NC: 2023:KHC-D:13756-DB
has assessed the income of the deceased at Rs.6,000/- per
month on the ground that the appellants have failed to produce
any evidence before the Tribunal to substantiate the income of
the deceased.
(ii) Admittedly, the appellants have made a claim that
the deceased Iranna Dodamani was working as a Deed Writer
outside the Tahsildar Office, Bilagi and was earning Rs.10,000/-
per month, however, having not placed any evidence to
substantiate the said claim and in the absence of evidence on
record, this Court and Lok Adalath normally rely on the Notional
Income Chart prepared by the Karnataka State Legal Services
Authority for the purpose of assessing the income of the
deceased in motor vehicle accident claims.
(iii) Taking into account that the accident is of the year
2015, as per the Notional Chart referred to supra, this Court
assesses the income of the deceased at Rs.8,000/- per month
as against Rs.6,000/- per month.
(iv) The Tribunal has rightly awarded 40% towards
loss of future prospects and has applied multiplier '16' since
NC: 2023:KHC-D:13756-DB
deceased was aged 32 years, deducted 1/3rd and has awarded
Rs.15,000/- towards loss of estate and Rs.15,000/- towards
transportation of dead body and funeral expenses, which
remains unaltered in the present appeal.
Thus, the appellants/claimants are entitled for
compensation under the head 'loss of dependency' as under:
Rs.8,000 + 40% X 12 X 16 X 2/3 = Rs.14,33,600/-
(v) The Tribunal has awarded a sum of 20,000/- under
the head 'loss of consortium', which in our view, is on the
lower side. Keeping in mind the law laid down by Hon'ble
Apex Court in the case of Magma General Insurance
Company Limited Vs. Nanu Ram & Others1, each of the
claimants would be entitled to Rs.40,000/- towards 'loss of
consortium'.
(vi) The appellants are entitled for the following
modified compensation with interest at the rate of 6% per
annum:-
2018 ACJ 2782
NC: 2023:KHC-D:13756-DB
1 Loss of dependency Rs.14,33,600/-
2 Medical Expenses Rs.22,815/-
3 Loss of Consortium (40,000X3) Rs.1,20,000/-
4 Loss of Estate Rs.15,000/-
5 Funeral Expenses & Transportation Rs.15,000/-
charges
Total Rs.16,06,415/-
Compensation awarded by the Tribunal Rs.11,78,015/-
Enhanced compensation Rs.4,28,400/-
Thus, the claimants would be entitled to total
compensation of Rs.16,06,415/- as against Rs.11,78,015/-
awarded by the Tribunal.
10. Hence, we proceed to pass the following order:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated
08.03.2022 passed in M.V.C No.144/2016
by the Tribunal, is modified to an extent
that the claimants would be entitled to
total compensation of Rs.16,06,415/- as
against Rs.11,78,015/- awarded by the
Tribunal.
iii. The enhanced compensation amount of
Rs.4,28,400/- shall carry interest at the
- 10 -
NC: 2023:KHC-D:13756-DB
rate of 6% per annum from the date of
petition till the date of payment.
iv. Respondent/Insurance Company shall
deposit the enhanced compensation
amount along with accrued interest before
the Tribunal within a period of six weeks
from the date of receipt of certified copy
of this judgment.
v. The apportionment & disbursement of
enhanced compensation shall be made in
terms of the award of the Tribunal.
vi. Registry to transmit the records to the
Tribunal forthwith.
vii. Draw modified award accordingly.
Sri S.S.Koliwad, learned counsel is permitted to file
memo of appearance on behalf of respondent-Insurance
Company.
Sd/-
JUDGE
Sd/-
JUDGE
